This chapter shall be known as the "Ethics Code of the Borough of Wilkinsburg"
and shall be hereinafter referred to as "the code."
A.
The Borough Council does hereby find that the public
confidence and trust in borough government depends on the integrity, impartiality
and commitment to ethics of public officials and public employees.
B.
The reputation and efficiency of, and public confidence
and faith in, borough government suffer whenever the public trust is violated
by an official or employee who commits an act of misconduct, attempts to realize
personal financial gain or does not avoid conflicts of interest or the appearances
of impropriety.
C.
The Pennsylvania Conflict of Interest Act[1] provides that any governmental body may adopt requirements to
supplement the State Act. There is a need to ensure that the citizens of the
Borough of Wilkinsburg have complete confidence in their borough officials
and employees.
[1]
Editor's Note: See 65 P.S. § 401 et seq.
D.
It is essential that there exist legislation to ensure
that the highest standards of conduct in borough government will be enforced.
E.
The Borough Council determines that every public official
and public employee should:
(1)
Put loyalty to the borough and to the highest moral principles
above all private interests.
(2)
Uphold the United States and Pennsylvania Constitutions,
all laws, statutes and regulations of the United States and all governments
therein and all ordinances and regulations of the Borough of Wilkinsburg and
neither condone nor be a party to their evasion.
(3)
Give a full day's work for a full day's pay.
(4)
Avoid conflicts of interest and the appearance of conflicts
of interest, not only being above reproach, but appearing above reproach.
(5)
Never use for personal benefit confidential information
obtained in the course of one's duties.
(6)
Never give special favor or privilege to anyone without
reason.
(7)
Never accept favors, gifts or benefits for self or a
member of one's family except in specified situations.
(8)
Make no use of borough employment or resources for private
gain or political benefit for any individual or entity or for other than official
government purposes.
(9)
Report public corruption, waste and inefficiency wherever
and whenever discovered.
(10)
Demonstrate the highest standards of personal integrity,
truthfulness and fortitude in all public activities.
(11)
Strive for personal professional excellence and encourage
the professional development of all public officials and public employees.
(12)
Exercise whatever discretionary authority held to promote
the public interest.
(13)
Serve the public with respect, concern, courtesy and
responsiveness and administer the public's business with professional competence,
fairness, impartiality, efficiency and effectiveness, recognizing that service
to the public is beyond service to oneself.
(14)
Uphold these ethical principles, ever aware that public
service and public employment are public trusts.
F.
It is the desire of the Borough Council to earn and maintain
for the government of the Borough of Wilkinsburg the reputation as an honest
municipality, and, to that end, this Ethics Code shall be liberally construed
and strictly enforced.
The following words and phrases when used in this code shall have, unless
the context clearly states otherwise, the meanings given to them in this section:
An arbitrary or capricious exercise of power by an official or employee
that adversely affects the rights of any person, or that results in personal
gain or advantage to himself or herself or to preferred other persons.
Any position or office, with the exception of that of an elected
official, held by an employee required to file an annual statement of financial
interests with the Borough Secretary, and any position on the boards, commissions
and authorities of the borough.
A borough employee, with the exception of an elected official, required
to file an annual statement of financial interests with the Borough Manager,
and all members of boards, commissions and authorities of the borough.
The Borough of Wilkinsburg.
Any corporation, partnerships, sole proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual, holding company,
joint-stock company, receivership, trust or any legal entity organized for
profit.
Any contract, service, work or business with, any sale, renting or
other disposition to, any purchase, leasing or other acquisition from and
any grant, license, permit or other privilege from the borough or any borough
board, commission or authority, and any performance of or litigation with
respect to any of the foregoing.
Any business in which the person or a member of the person's immediate
family is a director, officer, owner, employee or has a financial interest.
[1]Any individual who seeks nomination or election to public office by
vote of the electorate, other than a judge of elections, inspector of elections
or official of a political party, whether or not such individual is nominated
or elected. An individual shall be deemed to be seeking nomination or election
to such office if he or she has:
Received a contribution or made an expenditure or given his or her consent
for any other person or committee to receive a contribution or make an expenditure
for the purpose of influencing his or her nomination or election to such office,
whether or not the individual has announced the specific office for which
he or she will seek nomination or election at the time the contribution is
received or the expenditure is made; or
Taken the action necessary under the laws of the Commonwealth of Pennsylvania
to qualify him or herself for nomination or election to such office.
The term shall include individuals nominated or elected as write-in
candidates unless they resign such nomination or elected office within thirty
(30) days of having been nominated or elected.
Anything of economic value, however designated, which is paid, granted,
given, donated or transferred, or litigation to be paid, loaned, granted,
given, donated or transferred for personal services to any official or employee
of the borough.
Use by a public official or public employee of the authority of his
or her office or employment or any confidential information received through
his or her holding public office or employment for the private pecuniary benefit
of himself, a member of his or her immediate family or a business with which
he or she or a member of his or her immediate family is associated. "Conflict"
or "conflict of interest" does not include an action having a de minimis economic
impact or which affects to the same degree a class consisting of the general
public or a subclass consisting of an industry, occupation or other group
which includes the public official or public employee, a member of his or
her immediate family or a business with which he or she or a member of his
or her immediate family is associated.
[3]The office of Mayor, the office of Real Estate Tax Collector and
a member of Council.
The Mayor, the Real Estate Tax Collector and members of Council.
Any spouse, child, grandchild, parent, grandparent, sibling, in-law,
aunt, uncle, first cousin, niece, nephew, spouse, stepparent, stepchild, half-brother
or half-sister.
Anything which is received without consideration of equal or greater
value. "Gift" shall not include a political contribution otherwise reported
as required by law or a commercially reasonable loan made in the ordinary
course of business.
[4]Any department, authority, commission, committee, council, board,
bureau, division, service office, office, administration, legislative body
or other establishment in the borough government.
Unnecessary expenditure of substantial sums of money, or a series
of instances of unnecessary expenditures of smaller amounts.
Any money or thing of value received or to be received as a claim
on future services or in recognition of services rendered in the past, whether
in the form of a payment, fee, salary, expense, allowance, forbearance, forgiveness,
interest, dividend, royalty, rent, capital gain, reward, severance payment,
proceeds from the sale of a financial interest in a corporation, professional
corporation, partnership or other entity resulting from termination or withdrawal
therefrom upon assumption of public office or employment or any other form
of recompense or any combination thereof. "Income" refers to gross income
and includes prize winnings and tax-exempt income. The term does not include
gifts, governmentally mandated payments or benefits, retirement, pension or
annuity payments funded totally by contributions of the public official or
employee, or miscellaneous, incidental income of minor dependent children.
[5]Any business entity the assets of which are eighty percent (80%)
or more in real property.
The selection of a borough-appointed official or employee by an appointing
official or body on the basis of family relationship rather than merit.
A business, governmental body, individual, corporation, union, association,
firm, partnership, committee, club or other organization or group of persons.
[6]Any advance, conveyance, deposit or distributions, transfer of funds,
loan payment, pledge, purchase of a ticket, testimonial or similar fund-raising
affair or subscription of money or anything of value, except volunteer services,
in connection with a political campaign and any contract, agreement, promise
or other obligation, whether or not legally enforceable to make a political
contribution.
A position in a political party.
Any exemption, consideration, special treatment or advantage.
Any individual employed by the Borough of Wilkinsburg, with the exception
of public officials.
The collective good as would be perceived by a plurality of the population.
Any elected or appointed office or position of the Borough of Wilkinsburg.
Any elected or appointed official of the Borough of Wilkinsburg.
Any person who is alleged to have, or who is found to have, violated
the code.
Disclosing information which evidences a violation of any law, charter,
rule, regulation or ordinance, or an abuse of authority, waste or a substantial
risk to public health or safety, to a person's superiors, to an appropriate
authority or to the news media.
